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Tag Archives: who pays for dividing fences

Do I need a survey for my new fence?Does my fence have to be exactly on my boundary?

In simple, the answer is NO. Sometimes it is not possible to place a fence on the exact boundary. Such an example would be where a cliff face separates the two properties. You need to provide a fence at the top of the cliff regardless of whether that is on the boundary or not. View www.alldayfencing.com/adfcouncil.php for more information.

If the fence is not on the boundary, who owns it?

As discussed above a fence does not have to be located exactly on the boundary, however the fence is still a boundary fence and is accepted by both neighbors as the boundary of their properties. Therefore if the fence required replacement both neighbors still equally share the cost of replacing a similar fence.

Should I have a survey done for my new fence?Do I need a survey for my new fence?

For the reason above it is not required that the fenceline be surveyed if both neighbors are in agreement as to the location. If your home has just been built and no fences currently exist a survey is recommended and may be part of the development/building application. If you are constructing a concrete, stone or brick fence this must be approved by your local county office prior to construction.

I want to build a brick fence and my neighbor wants a less expensive timber fence. What can I do and who should pay?

If you prefer a more expensive fencing, unless your neighbor is in agreement, they are only liable for half the cost of replacing a similar fence. You would have to pay the difference.

How should I approach my fencing repairs when my neighbor is a apartment block / commercial building?Do I need a survey for my new fence?

For dealings with property managers or private companies it is crucial that they are informed prior during and after the course of the job. The most appropriate method is to send written correspondance prior to proceeding with any works. Your letter should state your intentions and their responsibilities regarding access and payment. Download our collection of ‘Letters To Serve Your Neighbors RE: FENCING’. Cut and paste the required letters and send as needed. Letters to serve your neighbors includes legal advice for the correct follow up proceedure to ensure you are reimbursed the costs you are owed and avoid costly neighbor disputes.

 

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Question: Do I have to pay for half the cost of my neighbors new fence?…

All Day Fencing - Fencing Gates & Automation    Answer: This depends on the fence.

If your exisiting fence is in disrepair and requires replacement, you are liable for half the cost of the fence work if you are replacing the fence with a similar fence. more information

Dividing Fence CodesIf however your neighbor wants to replace the fence with a more expensive fence, you are only liable for half the cost of replacing the fence you have with a similar one.

You are not required to pay for fencing if it is not in need of replacement unless you have an agreement with your neighbor.Do I have to pay for my neighbors fence?

Some blocks of land may have their own positive building covenants which require the erection of quite specific fencing.  This might occur in a new estate where the developer is trying to achieve a consistent look to the overall design.Who pays for boundary fencing?

Most commonly, a covenant in relation to fencing will be one put on by the developer, stating that the owner can’t ask the developer to contribute to the cost. The general rule with dividing fences is that the neighbors split the cost 50/50.  If both neighbors can agree on the location, style and cost, then they can simply proceed.  It is, however, desirable to record the agreement in writing. 

Download “Letters To Serve Your Neighbors RE: FENCING” and cut and paste the letters you require to notify your neighbors of your intentions and their responsibilities in regard to your boundary fencing.

Dividing Fences ACT - click here...A dividing fence is a fence that separates the land of different owners whether the fence is on the common boundary of adjoining lands or on a line other than the common boundary. A dividing fence does not include a retaining wall.

A “sufficient fence” is:

a fence prescribed by a local government local law;
a fence of any standard agreed upon by adjoining owners provided that it does not fall below the standard rescribed by the relevant local government local law;
a substantial fence that is ordinarily capable of resisting the trespass of cattle and sheep; or
a fence determined by a Magistrate in a Magistrates Court to be a sufficient fence.

Note: A fence which accords with (c) or (d) is only a sufficient fence where no local law or agreement is made.Who pays for my boundary fencing?

Both you and your neighbor are liable for the maintenance of your dividing fencing 50/50. If you decide to erect a dividing fence of a higher standard than a sufficient fence without obtaining the agreement of the adjoining owner, you may only claim half the cost of erecting and maintaining a sufficient fence, as defined above. More information is available from the following sites;

Information on the Dividing Fences: www.alldayfencing.com/adfcouncil.php#council.

Information on neighbor disputes – fencing: www.alldayfencing.com/adfcouncil.php#dispute

Information fence & gate laws: www.alldayfencing.com/adfcouncil.php.

Letters to serve your neighbors RE: FENCINGLetters to serve your neighbors RE: Fencing. Download our letters for your neighbors, cut and paste then send! Avoid expensive neighbor disputes and disagreements by informing your neighbors of your intentions and their responsibilities. www.alldayfencing.com